Legislation roundup: Pharma monopoly concentrations, online trading data compliance, and GBA contract governing laws

State Council defines concentrations of business operators of the pharmaceutical sector. Network trading platform operators are required to submit information on the identities of online trading business operators. SPC clarifies on the contract governing law in Hong Kong and Macao investments in the Greater Bay Area.

Antitrust

Anti-Monopoly and Anti-Unfair Competition Commission of the State Council, Anti-Monopoly Guidelines for the Pharmaceutical Sector
国务院反垄断反不正当竞争委员会关于药品领域的反垄断指南

Concentrations of business operators in the pharmaceutical sector include horizontal concentrations, vertical concentrations and hybrid concentrations. The term “horizontal concentration” means a business operator concentration wherein the business operators involved in the concentration are actual or potential competitors in the same relevant market. In the pharmaceutical sector, the determination of a concentration of business operators involving potential competitors may require the examination of pharmaceuticals that have yet to be marketed, including pharmaceuticals under development. A vertical concentration is a concentration that mainly involves business operators with upstream and downstream relationships.

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